Do occupancy limits apply under Fair Housing Law?

Yes, occupancy limits apply under Fair Housing Law in Georgia. Occupancy limits limit the number of people who can occupy a unit or dwelling. Generally, the occupancy limit is two people per bedroom, plus an additional two people per household. In State of Georgia, the Department of Community Affairs (DCA) has adopted the International Property Maintenance Code, which provides occupancy guidelines for dwelling units. These guidelines state that no dwelling unit shall be occupied by more than two persons per bedroom or more than two persons per one hundred (100) square feet of living area, whichever is greater. Exceptions can be made for single family homes and one-story apartments. All landlords must also comply with the Federal Fair Housing Act, which requires landlords to not discriminate against any potential tenant based on race, color, religion, sex, national origin, familial status, or disability. Thus, landlords must follow the occupancy guidelines set forth in the Fair Housing Act as well as in the local codes, and can not impose any additional occupancy or rooming house rules. Occupancy limits help protect tenants from overcrowding and ensure that living conditions are safe and adequate for all tenants. Landlords in Georgia must ensure that they comply with applicable occupancy limits and are aware of any potential Fair Housing violations.

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Do occupancy limits apply under Fair Housing Law?

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